Do I Have to Get a Travel Clearance to Bring my Illegitimate Child Abroad?

Reader I*** sent in this question:

What if the child is illegitimate but she bears the father’s family name. The father no longer sees her and does not give support as well or even tried to communicate. Are there any necessary documentation that the mother needs to file in order to bring the Child abroad? What possible grounds can a father file for the illegitimate child not to be brought abroad by the mother? And what can a mother do in order to make sure that the father will not try and stop her from bringing her child?

CFlorido says:

Hi, I***.
Illegitimate children are under the custody of the mother and for as long as the child is traveling with one of the parents, he or she need not have a travel clearance. In the situation cited, you said that the child bears the surname of the father, in which case, the mother should be prepared to show proof of her relationship to the child, usually a birth certificate (bring along an Affidavit of Illegitimacy as well). If the father has an existing visitation or custody arrangement approved in court then he may take steps to prevent the child from leaving the country including alerting the Bureau of Immigration. There is no specific guarantee against this move because the father has a right to have access to his minor child. I hope this helps.

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2 thoughts on “Do I Have to Get a Travel Clearance to Bring my Illegitimate Child Abroad?

  1. marisa

    i have a 5 years old son…and his surname is from his fathers surname..he is an illigitimate child we never getmarried with his father but he send his financial support every month eventhough he is working in dubai..now i have a british fiancee and he want to get me and my son and marry me there in uk,,can i come to the uk with my son without his fathers consent? can his father stop me from bringing my son in uk?

    1. Atty. Post author

      Marisa: You may have to get the father’s consent to travel and migrate abroad because foreign immigration laws are often different from Philippine laws. While Phil. law provides the mother of an illegitimate child with sole parental authority and allows travels abroad without the consent of the other parent for as long as the child is accompanied by one parent, UK law may require much more before it can issue your son a visa to enter their country and stay. So, you’ll have to inquire directly with UK immigration office and obtain a list of documentary requirements for that. But I generally advise clients to work on getting either a custody order or at least a custody agreement in their favor before applying for a visa.

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